DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0 TR
G
Docket No: 7768-00
27 November 2001
Dear
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the United
States Code, section 1552.
considered your application on 20
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session,
November 2001.
reviewed in accordance with administrative regulations and
procedures applicable to the proceedings of this Board.
material considered by the Board consisted of your application,
together with all material submitted in support thereof, your naval
record and applicable statutes,
addition, the Board considered an advisory opinion furnished by the
Specialty Advisory for Psychiatry,
Bureau of Medicine and Surgery,
a copy of which is enclosed.
regulations and policies. In
Documentary
After careful and conscientious consideration of the entire record,
the Board found that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
You enlisted in the Navy on 30 October 1972 at age 17.
The record
shows that on 19 April 1973 you received nonjudicial punishment for
an unauthorized absence of about three days.
A special court-martial convened on 22 December 1975 and convicted
you of six periods of unauthorized absence totaling about 727 days.
The court sentenced you to forfeiture of $240 pay per month for two
months, confinement at hard labor for two months and a bad conduct
discharge.
On 15 March 1976 the supervisory authority approved the
sentence but suspended the bad conduct discharge for a probationary
period of six months.
On 22 March 1976 you received nonjudicial punishment for absence
from your appointed place of duty.
on 3 September 1976 and convicted you of two periods of unauthorized
absence totaling about 141 days.
approved bad conduct discharge was ordered executed.
the bad conduct discharge on 8 February 1977.
Subsequently, the previously
A summary court-martial convened
You received
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your youth and limited
your, deprived background;
and your
*mental illness.
The Board also considered your contentions that your
education.
ability to serve was impaired by
personal, financial and family problems;
You have submitted evidence showing that you were diagnosed with
paranoid schizophrenia in December 1978.
factors and contentions were not sufficient to warrant
recharacterization of your discharge given your repeated and lengthy
Concerning the mental illness,
periods of unauthorized absence.
the advisory opinion concluded that there is no evidence that you
were suffering from paranoid schizophrenia during the period from
Further, you were discharged in February 1977 and
1973 to 1976.
were not diagnosed as being mentally ill until December 1978.
Therefore, the Board substantially concurred with the comments
contained in the advisory opinion and believed that you were
responsible for your actions and competent to stand trial while you
were in the Navy.
as issued and no change is warranted.
The Board concluded that the discharge was proper
The Board found that these
Accordingly, your application has been denied.
of the members of the panel will be furnished upon request.
The names and votes
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board. In
this regard, it is important to keep in mind that a presumption of
Consequently, when
regularity attaches to all official records.
applying for a correction of an official naval record, the burden is
on the applicant to demonstrate the existence of probable material
error or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
2
MEMORANDUM
Date:
From:
To:
JUL 01
13
Victor Stiebel, CDR, MC, USNR
Board for the Correction of Naval Records
AVAL RECORDS
7768-00, dtd
SMAYOl
1
ICO
EX-
BCNR File
Service Record
Medical Record (limited)
Civilian Psychiatric Record (limited)
End: (1)
I:{
(4)
Per your verbal request and in accordance with ref (a), I have reviewed
enlisted on 13 OCT
umulated over 900
FE9 77
Review of the civilian record reveals that he was initially admitted to a
Review of the medical record is unremarkable. On a discharge physical he
enclosures (1) through (4).
2.
Review of service record indicates that
72. He went AWOL in April 1973. Prior to his
days of unauthorized absences. He was discharged on 18
3.
did answer positively to “nervous trouble of any sort ”.
4.
psychiatric hospital on October 16, 1978. He has carried a diagnosis of Paranoid
Schizophrenia as well as alcohol abuse.
5.
upgrade in discharge status to honorable.
I have no doubt that the diagnosis of schizophrenia
6.
I find it very hard to say that he suffered from
is reasonable, and probably accurate.
this disease while on active duty, since so much of his active duty time was spent in
an AWOL status. Even before his enlistment he had spent time in some
facrlity for
“wayward” youth because of stealing. He received a waiver for this so that he could
enlist. He also went AWOL for the
first time within six months of his enlistment.
I
have no doubt that this was a tough period for him, with his girlfriend pregnant and
problems at home. However based on his enlistment physical, and his own
statements, he was not psychiatrically impaired at that
prodrome for
schizophrenia can
to say that his
mohths, and continued until
1978 when he had his first psychotic episode.
Review of the BCNR record indicates that the petitioner is requesting an
After reviewing this chart
certarnly last for several years. To support his claim I would have
prodrome started within those first six
trme. The
CDR MC USNR-R
Staff
Psychiatrist
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